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Commercial Contract

Commercial Contract

November 12, 2025
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Indemnity and Limitation of Liability Clauses: Strategi...

In the world of commercial contracts, astute risk management is paramount. Among the arsenal of legal tools and safeguards available to parties, the indemnity and limitation......
October 15, 2025
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Representations, Warranties and Covenants: What are the...

Representations, Warranties and Covenants clauses are included in all commercial contracts. Traditionally, the nomenclature has not been clearly delineated, and representation and warranties are grouped together in a manner that often led them to be viewed as synonymous terms....
September 3, 2025
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Essential Clauses in a Contract – Force Majeure i...

In August 2025, Dream11, an Indian fantasy sports platform, terminated its Rs. 358 Crore sponsorship agreement with the Board of Control for Cricket in India ("BCCI")....
Unambiguous Contract:
July 2, 2025
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Unambiguous Contract: Not a Playground for Internal Aid...

In a recent judgement that reinforces the sanctity of a contract, the Division Bench ("DB") of the Delhi High Court ("DHC") in Oil and Natural Gas Corporation v. JSIW Infrastructure Private Limited has re-affirmed the foundational principle of contractual interpretation, ...
May 21, 2025
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Forfeiture of Advance Money: Supreme Court’s Rece...

In a recent decision, the Supreme Court of India revisited the issue of when and to what extent can advance money be forfeited in a failed property sale transaction. The issue arose when a suit for specific performance was filed by K.R. Suresh ("Plaintiff"), who, unable to complete a property purchase within the agreed timeframe. ......
August 14, 2024
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Damages Awarded for Loss of Profit are Patently Illegal...

In the recent case of M/S Plus91 Security Solutions v NEC Corporation India Private Limited (Erstwhile NEC Technologies Private Limited) , the Delhi High Court ruled that an Arbitral Tribunal awarding damages for loss of profits was patently illegal if the same was against the terms of the contract. ......
October 25, 2023
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PROOF OF LOSS IS A SINE QUA NON FOR CLAIMING LIQUIDATED...

Recently, in the case of Vivek Khanna vs. OYO Apartments Investments LLP , the Delhi High Court dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ("A&C Act"), by way of which, Mr. Vivek Khanna (the "Petitioner") assailed the award dated March 31, 2023 (the "Impugned Award") passed by the arbitral tribunal comprising of a sole arbitrator. ......
July 12, 2023
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Thumbs-Up Emoji (👍) as Acceptance of Contracts

A Canadian court recently encountered an intriguing case regarding contract law where it had to determine whether the use of the "thumbs-up" emoji (👍) in a contract constituted a valid acceptance of the contract. In this unique case, Justice T. J. Keene acknowledged that the thumbs-up (👍) emoji is an unconventional way of "signing" a document, but only under the circumstances where it conveyed both the identity of the signatory and acceptance of the flax contract. ......
March 9, 2023
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FORMER CLAUSE IN THE AGREEMENT WILL PREVAIL OVER THE LA...

Recently, in the case of Sunil Kumar Chandra v. M/s Spire Techpark Private Limited , the High Court of Delhi ("DHC") has held that in case there is inconsistency between two clauses in an agreement, the former clause will have precedence over the latter clause. ......